Expelled 2nd grader

[proudparent]

My child wasexpelled recently from a private religious elementary school for making a sexual comment to a girl in his class. here are the key points.
1) no adult witnessed the comment even though it supposedly happened in class.
2) The parent of the girl called a number of parents in the class and recruited them to go to the preist and demand action or else.
3) No investigation was ever done. Their decision was based solely on heresay
4)He has no track record of anything like this and has received good marks for behavior since day 1
5) He is a special ed student with a signed IEP. His disability? Speech. He has a slightly deformed palate which affects his speech to a degree. He is also diagnosed as ADHD and receiving treatment, however he is an excellent student and quite a young gentleman as his spec ed people put it.
6) The Spec Ed services are provided at a public school with the private school request and input. The IEP is kept at and used by the private school.
7) They denied a hearing as allowed under Federal Spec Ed laws.

My question is this..........
1) Do I have anything regarding this woman calling parents and alleging my sons guilt ? She mentioned him by name and single handedly caused him to be expelled?
2) The school for their actions ?
I am not looking to get rich so to speak but to get the hearing my son deserves. He has completely denied the charges. I beleive him and so does everyone else around him besides the people in the school.
I am seeing an attorney in a few days. Should I expect to pay a retainer or should this be on contingency? Thank You

 

[freebird]

Does this private school get government funding in any manner? I would talk to the US Department of Education and find out more information about your situation and what can be done. The last thing the school wants is to have complaints such as these as it will cause them to lose their all important funding.

There may be issues of both discrimination and defamation and lawsuits should be aimed at both parent and school. While I'm sure you don't want to be perceived as seeking money, you should not dismiss a large demand so quickly since there will be negotiating and the only practical remedy might be sending your son to a different school.

There may be issues of discrimination as well which the Americans with Disabilities Act may address. It would appear that there is likely a process which has not been followed here and it seems that it is more than likely that it is because of your son's unfortunate disability. I hope that things go well and I'd be interested in hearing what the attorney says to you. I don't know if this is contingency based but I would say it becomes more likely the more solid the case is, especially if you have written evidentiary matter. Sometimes cases can be taken on a hybrid basis, partial contingency.

Originally posted by proudparent
My child wasexpelled recently from a private religious elementary school for making a sexual comment to a girl in his class. here are the key points.
1) no adult witnessed the comment even though it supposedly happened in class.
2) The parent of the girl called a number of parents in the class and recruited them to go to the preist and demand action or else.
3) No investigation was ever done. Their decision was based solely on heresay
4)He has no track record of anything like this and has received good marks for behavior since day 1
5) He is a special ed student with a signed IEP. His disability? Speech. He has a slightly deformed palate which affects his speech to a degree. He is also diagnosed as ADHD and receiving treatment, however he is an excellent student and quite a young gentleman as his spec ed people put it.
6) The Spec Ed services are provided at a public school with the private school request and input. The IEP is kept at and used by the private school.
7) They denied a hearing as allowed under Federal Spec Ed laws.

My question is this..........
1) Do I have anything regarding this woman calling parents and alleging my sons guilt ? She mentioned him by name and single handedly caused him to be expelled?
2) The school for their actions ?
I am not looking to get rich so to speak but to get the hearing my son deserves. He has completely denied the charges. I beleive him and so does everyone else around him besides the people in the school.
I am seeing an attorney in a few days. Should I expect to pay a retainer or should this be on contingency? Thank You